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[A.M. OCA IPI No. 04-2099-RTJ.� July 4, 2005]
IGNACIO vs. PANEDA
SECOND DIVISION
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated JUL 4 2005.
Adm. Matter OCA IPI No. 04-2099-RTJ (Roberto R. Ignacio vs. Presiding Judge Jose G. Paneda, RTC, Branch 220, Quezon City.)
In a Letter-Complaint dated 13 September 2004, [1] cralaw complainant Roberto R. Ignacio has accused respondent Judge Jose G. Paneda of the Regional Trial Court (RTC) of Quezon City, Branch 220, of abuse of authority in connection with Criminal Case No. 03-119676 filed with said court.
Herein complainant is the private complainant in the aforesaid criminal case for qualified theft filed against one Edwin delos Reyes. Complainant alleges that the hearings in the case had been reset five times with the accused failing to attend any of the hearings. During the hearing on 23 August 2004, the accused was again not present but it appeared the accused did not receive notice of the hearing. While the records indicated that the notice was served at his given address, the return indicated that he could not be located at the said address.
Complainant further contends that respondent judge and the fiscal kept pressuring him to present his evidence but he refused to do so due to the absence of the accused. The fiscal moved for the issuance of a warrant for the arrest of the accused. This was granted and an order was issued to that effect. Complainant received a copy of an Order dated 31 August 2004 but he was "surprised and stupefied" because it was, according to him, entirely different from the one he heard dictated by respondent in open court. While complainant attached to the complaint a copy of the Order, he failed to discuss therein the differences or conflict between the order dictated in open court by the respondent and the written order he subsequently issued. Complainant claims that the conduct of the respondent judge is highly irregular and unlawful, adding that he is abusive and is bending the laws of the land to favor criminals.
In his Comment dated 24 September 2004, [2] cralaw respondent denies the accusations against him. He claims that the records of the criminal case would contradict complainant's allegations and would show that respondent is in fact hastening the disposition of the case.
Accused was arraigned on 26 September 2003 and pre-trial set on 1 December 2003. Pre-trial conference was terminated with both parties agreeing only on the jurisdiction of the RTC to hear the case and the setting of the initial hearing on 1 March 2004. The hearing on said date, however, was cancelled due to the absence of the accused and lack of proof of notice to him. Hearing was reset to 26 April 2004 but on said date, both accused and complainant failed to appear, so, hearing was reset to 14 June 2004. On said date, complainant testified on direct examination despite the absence of the accused. At the next hearing on 23 August 2004, accused was again absent. His counsel moved for the resetting of the hearing as he had to secure a copy of the transcript of stenographic notes (TSN). On even date, the fiscal moved for the issuance of a warrant for the arrest of the accused, which respondent granted. The warrant of arrest was subsequently issued on 7 September 2004.
For his part, respondent denies that such order dated 31 August 2004 was issued since the last order he issued was on 23 August 2004, and since 31 August 2004 was a Tuesday which is the scheduled day for hearing civil cases. Respondent appended a copy of the TSN [3] cralaw taken during the hearing of the case on 23 August 2004 to support his claim.
Respondent opines that complainant misinterpreted his actions. Due to complainant's lack of sufficient knowledge of the law, according to respondent, complainant could have entertained the belief that respondent was acting suspiciously and in a manner contrary to law.
The Office of the Court Administrator (OCA) submitted its Report dated 20 April 2005 [4] cralaw on the matter. The OCA recommends dismissal of the complaint for being devoid of merit. It has found nothing in the records of this case to hold respondent judge administratively liable for the imputations against him. It notes that while complainant contends that the order issued by respondent is different from the one he allegedly heard the judge pronounce in open court, he failed to state how the two orders conflicted with each other.
On the other hand, the OCA stresses, the TSN shows that the wordings of the questioned order as issued are the same verbatim as those contained in the TSN. The only difference is the date of the hearing in the TSN which is 23 August 2004 while the date in the copy of the questioned order is 31 August 2004. The OCA opined that this variance in dates is of little consequence since it may show that the order was dictated in open court on 23 August 2004 but was transcribed and written into a formal order and signed by the judge on 31 August 2004.
Considering that there is no substantial evidence to support the complaint, the OCA recommends that the same must fail.
This Court finds the recommendation of the OCA to be in accordance with the law and the facts of the case. In administrative proceedings, the complainant has the burden of proving, by substantial evidence, the allegations in the complaint. [5] cralaw In the instant case, complainant failed to substantiate his claims of abuse of authority and highly irregular and unlawful acts. As the burden was not carried out by complainant, respondent must be cleared of all such charges.
WHEREFORE, the administrative complaint against Hon. Jose G. Paneda, Presiding Judge, Regional Trial Court, Branch 220, Quezon City is DISMISSED for lack of merit.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] cralaw Rollo, pp. 1-3.
[2] cralaw Id. at 14-16.
[3] cralaw Id. at 17-20.
[4] cralaw Id. at 21-23.
[5] cralaw Morales, Sr. v. Judge Dumlao, 427 Phil. 56, 62 (2002).
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